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Placerville Wrongful Death Lawyer
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Placerville wrongful death attorney
A wrongful death is any death that occurs due to negligence or intentional misconduct. If one party injures another person in any such manner, they are liable for a personal injury claim, but if the victim dies, they will likely face a wrongful death suit from the victim’s family. If you have lost a relative recently due to the actions of another party, you likely have many pressing legal questions concerning how you can prove accountability for and hold the at-fault party responsible for the damage they’ve done. When you have an experienced Placerville wrongful death attorney representing you, it is much easier to approach this difficult type of civil case with peace of mind.
Trusted Legal Counsel for Placerville, CA, Wrongful Death Claims
The Kreeger Law Firm has years of professional experience representing clients involved in all types of civil suits, including complex wrongful death cases. The plaintiff in this kind of case is likely to have many questions concerning the legal proceedings ahead of them and the compensation their family could potentially obtain. We understand the emotional stress this situation can impose on you and want to provide the measured legal guidance you need to face your claim with confidence.
Building a Wrongful Death Case in Placerville
A wrongful death claim shares many similarities with a personal injury case, with a few notable exceptions. The statute of limitations on wrongful death claims in the state is two years, starting on the date the death occurred. This may seem like more than enough time to file your case, but it is always advisable to secure legal counsel and start the case as soon as possible after your loved one’s death.
The state also restricts eligibility to file a wrongful death claim based on the intestate succession law. The personal representative of the estate of the deceased is typically tasked with filing a wrongful death claim on behalf of the deceased, but if they did not name a personal representative, this responsibility would fall to the surviving spouse, followed by any surviving children old enough to handle the case. If the deceased had no such kin, close relatives would be able to file a wrongful death claim on their behalf, followed by anyone who depended on the deceased financially and/or a valid claim on the deceased’s estate.
Most wrongful death claims arise from acts of negligence, meaning the plaintiff must prove the defendant caused the death through a lack of reasonable care or failure to uphold a specific duty of care. Some of the most commonly reported causes of accidental deaths that generate wrongful death claims in Placerville include:
- Motor vehicle accidents. Recovery may begin with an auto insurance claim against the at-fault driver, but even an expansive insurance policy is unlikely to compensate the full amount of damages in a wrongful death claim
- Medical malpractice. Filing a wrongful death suit under California’s medical malpractice laws is very different from most other types of wrongful death cases. Therefore, it’s essential to work with an attorney experienced in handling this kind of case to reach the best possible outcome.
- Premises liability. If a property owner allowed a dangerous condition to persist on their property, and this is what caused the death of your loved one, the property owner is liable for the wrongful death under the state’s premises liability laws.
- Work-related injuries. Death benefits could be available to your family through your lost loved one’s employer if they had appropriate workers’ compensation insurance coverage. However, if a specific party bears direct fault for the death, you likely have grounds for further legal recourse and more expansive recovery.
No matter how the death occurred, a swift legal response is the best method of holding the defendant accountable for their actions and the full scope of damages available to the rest of the family.
Compensation for Wrongful Death in California
Whether your loved one died immediately because of the defendant’s actions or they suffered a severe injury and languished in medical treatment before they died, it is essential to have experienced legal counsel on your side to maximize the results of your wrongful death claim. A wrongful death suit mirrors a personal injury claim in various ways, but there are several key differences you must understand to reach the best possible results in your case. Primarily, the damages available are very different from those you could claim in a personal injury action. In addition, while a personal injury case seeks recompense for all of a victim’s damages, a wrongful death case demands compensation for the family of the victim.
Under state law, you can claim compensation for any and all economic losses caused by the wrongful death. These are likely to include funeral and burial expenses, lost value of the services provided by the deceased, as well as the deceased’s financial support due to the income that the deceased can no longer earn. Again, working with an experienced Placerville wrongful death attorney can maximize this aspect of your recovery, and your legal team may be able to identify avenues of recovery you did not know were available to you.
The family of the victim can also seek compensation for the pain and suffering they experienced because of the death. Your attorney can assist you in determining a suitable amount of compensation to include with your claim to compensate for lost affection, guidance, moral support, and care the deceased provided, and this could potentially form the bulk of your total recovery. Additionally, if you qualify to file a survival action with your wrongful death claim, this could provide compensation for the damages to your deceased loved one’s estate, further enhancing the final case award you obtain.
The Kreeger Law Firm has years of experience handling personal injury claims in Placerville and throughout the northern part of the state. We know how to identify the biggest challenges facing our clients and how to maximize the results they reach in their civil claims. For example, if you are sure that another party is directly responsible for the death of a family member, we can help you hold them accountable in your wrongful death claim.
Wrongful Death Lawyer FAQs
Q: What Is the Average Case Award for a Wrongful Death Accident Claim?
A: It is difficult to assess an “average” case award for wrongful death suits because each case involves many unique variables. It can seem impossible to place a monetary value on the life of your loved one, but the purpose of a wrongful death suit is to provide compensation to you that helps you adjust to your new reality more easily and to hold the liable party accountable.
Q: Will the Defendant Who Caused a Wrongful Death Go to Jail?
A: While the party responsible for a wrongful death may not have caused the death intentionally, it is still possible for them to face legal charges depending on how they caused the death. For instance, if a loved one was struck and killed by a drunk driver, the drunk driver violated state law by operating their vehicle under the influence, and this exceeds the scope of typical negligence. Your Placerville wrongful death attorney can advise you as to whether criminal charges against the defendant in your case could influence the final outcome of your civil suit.
Q: Who Obtains the Case Award From a Wrongful Death Claim in California?
A: The state’s wrongful death statutes align with the state’s law of intestate succession. This applies both in terms of eligibility to file wrongful death claims and receipt of the resulting case award. The beneficiaries of the deceased will receive the case award from a successful wrongful death case, starting with the spouse and children of the victim.
Q: How Much Do Placerville Wrongful Death Attorneys Cost to Hire?
A: The Kreeger Law Firm accepts wrongful death claims on a contingency fee basis. You will not pay any legal fees until we win your case, and the fee you pay at the conclusion of your case is a percentage of the final case award. Additionally, you pay nothing if our firm is unable to secure compensation on your behalf, so there is no financial risk to you by hiring our firm to represent your case.
Q: Do I Really Need to Hire an Attorney for a Wrongful Death Case in Placerville?
A: There may not be any law strictly requiring you to hire an attorney for your wrongful death claim, but legal counsel is an invaluable asset for this kind of case, and they can potentially help you recover much more than you initially expected for your wrongful death claim. Your legal counsel can also streamline your case proceedings significantly, reducing the time it will take to obtain a suitable case award.
A successful wrongful death claim may not return your lost loved one to you, but it can ensure accountability for the party who caused the death as well as provide compensation that helps your family adjust and recover a bit easier. If you are ready to explore your options for legal recourse after losing a loved one due to another party’s actions, contact the Kreeger Law Firm today and schedule a free consultation with a Placerville wrongful death attorney.
